---
kind: "section"
citation: "16 U.S.C. § 459a–3"
title: "16"
title_heading: "Conservation"
number: "459a–3"
heading: "Migratory bird refuges not to be affected"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/459a-3"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXIII — National Seashore Recreational Areas"
---

# §459a–3. Migratory bird refuges not to be affected


Notwithstanding any other provisions of sections [459](/usc/16/459.md) to 459a–3 of this title, lands and waters on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, within the boundaries of the national seashore recreational [area](/usc/16/539m–1.md?p=1-A) as designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior under [section 459 of this title](/usc/16/459.md), shall continue as such refuge under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore recreational [area](/usc/16/539m–1.md?p=1-A) and shall be administered by the National [Park](/usc/16/410r–5.md?p=c-3) Service for recreational uses not inconsistent with the purposes of such refuge under such rules and regulations as the [Secretaries](/usc/16/410r–5.md?p=c-1) of the Interior and Agriculture may jointly approve. The proviso to [section 459 of this title](/usc/16/459.md) shall not limit the power of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture to [acquire](/usc/16/620e.md?p=1) lands for any migratory bird refuge by purchase with any funds made available therefor by applicable law.


## Source credit

(Aug. 17, 1937, ch. 687, § 5, 50 Stat. 670; June 29, 1940, ch. 459, § 1, 54 Stat. 702.)

## Notes

### Statutory Notes and Related Subsidiaries

### Change of Name

Words “national seashore recreational area” substituted in text for “national seashore” pursuant to act June 29, 1940.

### Executive Documents

### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.